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MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.10534 OF 2018 (MV-D)
C/W MISCELLANEOUS FIRST APPEAL NO.1381 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.2415 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.2417 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO.2418 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.8524 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8552 OF 2019 (MV-D)
MISCELLANEOUS FIRST APPEAL NO.467 OF 2020 (MV-D)
IN MFA No.10534/2018 BETWEEN:
1. PARVATHAMMA Digitally signed by MOUNESHWARAPPA AGED ABOUT 46 YEARS NAGARATHNA W/O. MUNIRAJU K.
Location: High Court of Karnataka
2. K. MUNIRAJU AGED ABOUT 52 YEARS S/O. KARIYAPPA BOTH ARE RESIDING AT HSR LAYOUT, 5TH BLOCK HENNUR VILLAGE BENGALURU-560 043.
…APPELLANTS (BY SMT. SWATHI G. HEGDE, ADVOCATE FOR SRI PAVANA CHANDRA SHETTY, ADVOCATE)
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS AND:
1. SRI INDRESH H.R. AGED ABOUT 33 YEARS S/O. RAMANJANI RESIDING AT NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-79.
2. LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD.
NO.1, ALYSSA, 1ST FLOOR REAR PORTION, OLD NO.28 NEW NO.23, RICHMOND ROAD BENGALURU.
3. M/S. CORE LOGISTIC COMPANY DOOR NO.604A, NIST THOTTAM, SALEM ROAD NAMAKKAL-637 001.
4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX
59TH C CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-10. …RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2;
SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE FOR R-4;
VIDE ORDER DATED 7-6-2025 AND DATED 18-9-2025 NOTICE TO R-1 AND R-3 IS DISPENSED WITH)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26-10-2018 PASSED IN MVC NO.37 OF 2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM AT MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS IN MFA NO.1381/2019 BETWEEN:
THE CLAIM MANAGER LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LIMITED NO.1, ALYSSA, IST FLOOR REAR PORTION, OLD NO.28 NEW NO.23, RICHMOND ROAD BENGALURU-560 002 BY ITS MANAGER.
...APPELLANT (BY SRI O. MAHESH, ADVOCATE)
AND:
1. PARVATHAMMA AGE 47 YEARS W/O. MUNIRAJU K. 2. K. MUNIRAJU AGE 53 YEARS S/O. KARIYAPPA RESPONDENT NOS.1 AND 2 ARE RESIDING AT HSR LAYOUT
5TH BLOCK, HENNUR VILLAGE BENGALURU-560 043.
3. SRI INDRESH H.R.
AGE 34 YEARS S/O. RAMANJANI RESIDING AT NO.07 INDRA KARUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043.
4. M/S. CORE LOGISTIC COMPANY DOOR NO.604, NIST THOTTAM, SALEM ROAD NAMAKKAL-637 001.
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS
5. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED UNIT NO.49TH FLOOR GOLDEN HEIGHTS COMPLEX
59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010.
...RESPONDENTS (BY SRI KUMARA, ADVOCATE FOR R-3; SRI B. PRADEEP, ADVOCATE FOR R-5;
R-1, R-2 AND R-4 ARE SERVED BUT UNREPRESENTED)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26-10-2018 PASSED IN MVC NO.37 OF 2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MACT, KOLAR, AWARDING COMPENSATION OF RS.12,04,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS PAYMENT.
IN MFA NO.2415/2019 BETWEEN:
THE MANAGER CHOLAMANDALAM M S GIC LTD.
UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX
9TH CROSS, INDUSTRIAL SUBURB
4TH M BLOCK, RAJAJINAGAR BENGALURU-10.
...APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE)
AND:
1. SMT. ANITHA W/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 28 YEARS.
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS
2. KUM. ASHWINI D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 9 YEARS.
3. KUM. AMULYA D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 7 YEARS.
4. MASTER ABHISHEK S/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 6 YEARS
5. SMT. RAMAKKA W/O. LATE APPENNA NOW AGED ABOUT 68 YEARS RESPONDENT NOS.2 TO 4 ARE MINORS REPRESENTED BY RESPONDENT NO.1 MOTHER AND NATURAL GUARDIAN RESPONDENT NOS.1 TO 5 ARE RESIDING AT MUDDANAHALLI VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT.
6. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043.
7. THE LIBERTY VIDEOCON GIC LTD.
PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-25.
8. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS TAMIL NADU.
...RESPONDENTS (BY SRI GOPAL KRISHNA N., ADVOCATE FOR R-1 TO R-5;
R-2 TO R-4 MINOR REPRESENTED BY R-1;
SRI KUMARA, ADVOCATE FOR R-6;
SRI O. MAHESH, ADVOCATE FOR R-7;
R-8 SERVED AND UNREPRESENTED)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.1461 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.17,71,000/- WITH INTEREST AT 7.5% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.
IN MFA NO.2417/2019 BETWEEN:
THE MANAGER CHOLAMANDALAM M S GIC LTD.
UNIT NO.4, GOLDEN HEIGHTS
9TH FLOOR, 59TH C CROSS INDUSTRIAL SUBURB
4TH M BLOCK, RAJAJINAGAR BENGALURU-10.
...APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE)
AND:
1. SRI G. SANTHOSH GOWDA @ G. SANTHOSH S/O. V.A. GOVARDAN RAJU AGED ABOUT 29 YEARS MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS SINCE NEUROLOGICALLY DEFICIT REPRESENTED BY HIS NEXT FRIEND/FATHER SRI V.A. GOVARDAN RAJU S/O. B. ANJINAPPA NOW AGED ABOUT 53 YEARS RESIDENT OF GOWDA'S MANSION HENNUR MAIN ROAD NEXT TO VIDYANIKETHAN SCHOOL GEDDALAHALLI KOTHANUR POST BENGALURU-77.
2. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-43.
3. THE LIBERTY VIDEOCON GIC LTD.
PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-25.
4. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU.
...RESPONDENTS (BY SRI KUMARA, ADVOCATE FOR R-2;
SRI O. MAHESH, ADVOCATE FOR R-3;
VIDE ORDER DATED 9-7-2021, R-1 IS HELD SUFFICIENT, SINCE UNCLAIMED;
R-4 SERVED BUT UNREPRESENTED)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS AWARD DATED 3-10-2018 PASSED IN MVC NO.6999 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.44,69,410/- WITH INTEREST AT 7.5% P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL ITS REALIZATION.
IN MFA NO.2418/2019 BETWEEN:
THE MANAGER CHOLAMANDALAM M S GIC LTD.
UNIT NO.4, GOLDEN HEIGHTS COMPLEX
9TH FLOOR, 59TH C CROSS INDUSTRIAL SUBURB
4TH M BLOCK, RAJAJINAGAR BENGALURU-10.
...APPELLANT (BY SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI PRADEEP B., ADVOCATE)
AND:
1. SMT. YARAMMA W/O. LATE MUNNEGOWDA, AGED ABOUT 31 YEARS.
2. KUM. M. BHAVANI D/O. LATE MUNNEGOWDA AGED ABOUT 18 YEARS.
3. KUM. BHAVYA D/O. LATE MUNNEGOWDA NOW AGED ABOUT 16 YEARS.
4. SMT. VARALAKSHMI W/O. LATE MUNNEGOWDA AGED ABOUT 29 YEARS.
5. MASTER M. ANIL KUMAR S/O. LATE MUNNEGOWDA AGED ABOUT 14 YEARS.
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS
6. KUM. M. ARCHANA D/O. LATE MUNNEGOWDA AGED ABOUT 12 YEARS.
7. MASTER TARUN YADAV S/O. LATE MUNNEGOWDA AGED ABOUT 8 YEARS.
8. SMT. LAKSHMAMMA W/O. LATE. KRISHNAPPA AGED ABOUT 58 YEARS.
RESPONDENT NO.3 IS MINOR REPRESENTED BY RESPONDENT NO.1 MOTHER AND NATURAL GUARDIAN RESPONDENT NOS.5 TO 7 ARE MINORS REPRESENTED BY RESPONDENT NO.4 MOTHER AND NATURAL GUARDIAN.
RESPONDENT NOS.1 TO 8 ARE RESIDING AT MUDDANAHALLI VILLAGE NANDAGUDI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT.
9. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-43.
10. THE LIBERTY VIDEOCON GIC LTD.
PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-25.
11. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS NAMAKKAL-637 001 TAMIL NADU.
...RESPONDENTS (BY SRI GOPAL KRISHNA N., ADVOCATE FOR R-1 TO R-8;
R-3 IS MINOR REPRESENTED BY R-1;
R-5 TO R-7 MINORS REPRESENTED BY R-4;
SRI KUMARA, ADVOCATE FOR R-9;
SRI O. MAHESH, ADVOCATE FOR R-10;
R-11 SERVED AND UNREPRESENTED)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018, PASSED IN MVC NO.1462 OF 2016, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), AWARDING COMPENSATION OF RS.15,82,000/- WITH INTEREST AT 7.5%
P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION.
IN MFA NO.8524/2019 BETWEEN:
SRI G. SANTHOSH GOWDA @ G. SANTHOSH S/O. V.A. GOVARDAN RAJU NOW AGED ABOUT 29 YEARS A PERSON INCAPABLE OF PROTECTING HIS INTEREST, IS REPRESENTED BY HIS NEXT FRIEND/FATHER SRI V.A. GOVARDAN RAJU S/O. B. ANJINAPPA AGED ABOUT 53 YEARS BOTH ARE RESIDING AT GOWDA'S MANSION HENNUR MAIN ROAD NEXT TO VIDYANIKETHAN SCHOOL GEDDALAHALLI MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS KOTHANUR POST BENGALURU-77.
...APPELLANT (BY SRI GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR BY AGE RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043.
2. THE LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD.
PRESTIGE KADA, 3RD FLOOR UNIT NO.302, NO.202 RICHMOND ROAD BENGALURU-560 025 REPRESENTED BY ITS MANAGER.
3. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU REPRESENTED BY MANAGING DIRECTOR.
4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX
59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010 REPRESENTED BY ITS MANAGER.
...RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2;
SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-4;
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS VIDE ORDER DATED 5-11-2024, NOTICE TO R-1 AND R-3 DISPENSED WITH)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.6999 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.8552/2019 BETWEEN:
1. SMT. ANITHA W/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 28 YEARS.
2. KUM. ASHWINI D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 9 YEARS.
3. KUM. AMULYA D/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 7 YEARS.
4. MASTER ABHISHEK S/O. LATE RAJU @ RAJAPPA NOW AGED ABOUT 6 YEARS
5. SMT. RAMAKKA W/O. LATE APPENNA NOW AGED ABOUT 68 YEARS APPELLANT NOS.2 TO 4 ARE MINORS REPRESENTED BY NATURAL GUARDIAN/
MOTHER, 1ST APPELLANT HEREIN ALL ARE RESIDING AT MUDDANAHALLI VILLAGE MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS HOSKOTE TALUK BENGALURU RURAL DISTRICT.
...APPELLANTS (BY SRI GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR BY AGE RESIDING AT NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043.
2. THE LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD.
PRESTIGE KADA, 3RD FLOOR UNIT 302, NO.202, RICHMOND ROAD BENGALURU-560 025 REPRESENTED BY ITS MANAGER.
3. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU REPRESENTED BY ITS MANAGING DIRECTOR.
4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX
59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010 MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS REPRESENTED BY ITS MANAGER.
...RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2;
SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-4;
VIDE ORDER DATED 9-1-2024, NOTICE TO R-1 AND R-3 DISPENSED WITH)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.1461 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.467/2020 BETWEEN:
1. SMT. YARAMMA W/O. LATE MUNNEGOWDA AGED ABOUT 31 YEARS.
2. KUM. M. BHAVANI D/O. LATE MUNNEGOWDA AGED ABOUT 18 YEARS.
3. KUM. BHAVYA D/O. LATE MUNNEGOWDA NOW AGED ABOUT 16 YEARS.
4. SMT. VARALAKSHMI W/O. LATE MUNNEGOWDA AGED ABOUT 29 YEARS.
5. MASTER M. ANIL KUMAR S/O. LATE MUNNEGOWDA AGED ABOUT 14 YEARS.
MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS
6. KUM. M. ARCHANA D/O. LATE MUNNEGOWDA AGED ABOUT 12 YEARS.
7. MASTER TARUN YADAV S/O. LATE MUNNEGOWDA AGED ABOUT 8 YEARS.
8. SMT. LAKSHMAMMA W/O. LATE. KRISHNAPPA AGED ABOUT 58 YEARS.
APPELLANT NO.3 IS MINOR REPRESENTED BY NATURAL GUARDIAN/
MOTHER, 1ST APPELLANT HEREIN APPELLANT NOS.5 TO 7 ARE MINORS REPRESENTED BY NATURAL GUARDIAN/
MOTHER, 4TH APPELLANT HEREIN APPELLANT NOS.1 TO 8 ARE RESIDING AT MUDDANAHALLI VILLAGE NANDAGUDI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT.
...APPELLANTS (BY SRI GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI H.R. INDRESH S/O. H.P. RAMANJANI MAJOR BY AGE RESIDENT OF NO.07 INDRA KRUPA, HENNUR VILLAGE KALYAN NAGAR POST BENGALURU-560 043.
2. THE LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD.
PRESTIGE KADA, 3RD FLOOR UNIT 302, NO.202 RICHMOND ROAD BENGALURU-560 025 MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS REPRESENTED BY ITS MANAGER.
3. M/S. CORE LOGISTIC COMPANY DOOR NO.604 A, NSIT THOTTAM, SALEM ROAD NAMAKKAL-637 001 TAMIL NADU REPRESENTED BY ITS MANAGING DIRECTOR.
4. THE CHOLAMANDALAM MS GENERAL INSURANCE CO. LIMITED UNIT NO.4, 9TH FLOOR GOLDEN HEIGHTS COMPLEX
59TH CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK BENGALURU-560 010 REPRESENTED BY ITS MANAGER.
...RESPONDENTS (BY SRI O. MAHESH, ADVOCATE FOR R-2;
SRI B.C. SHIVANNE GOWDA, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R-4;
VIDE ORDER DATED 18-9-2025 NOTICE TO R-1 AND R-3 DISPENSED WITH)
* * *
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3-10-2018 PASSED IN MVC NO.1462 OF 2016 ON THE FILE OF THE XIX ADDITIONAL SCJ AND MACT, BENGALURU SCCH-17, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T MFA No. 2415 of 2019 HC-KAR AND 5 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)
As these seven appeals are arising out of the common judgment and award of the Tribunal, they have been heard together and disposed off by this common judgment.
2. MFA No.10534/2018, MFA No.8524/2019, MFA No.8552/2019, MFA.No.467/2020 are filed by the claimants seeking for enhancement of compensation being aggrieved by the judgment and award dated 26.10.2018/03.10.2018 passed by the Tribunal in M.V.C.No.37/2016, MVC No.6999/2016, MVC No.1461/2016 and MVC No.1462/2016.
3. MFA No.1381/2019, MFA No.2415/2019, MFA No.2417/2019 and MFA No.2418/2019 are filed by the Insurance Companies challenging the judgment and award dated 26.10.2018/03.10.2018 passed by the Tribunal on the ground of liability and quantum.
4. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunal.
5. The brief facts of each case are that :-
IN MFA No.1381/2019 (INSURANCE APPEAL) AND MFA NO.10534/2018(CLAIMANTS APPEAL)(DEATH OF NAVEEN KUMAR)
On 16.12.2015, deceased Naveenkumar, (hereinafter referred to as 'deceased') and his friends had been to Ganjikunte village near Shidlaghatta to attend a function in a Scorpio Car bearing Registration No.KA-50-N-9270, and while they were returning to Bengaluru, at around 8:30 p.m., when the car reached Peramachanahalli- Nayindrahalli gate, the driver of the Scorpio Car drove the same in rash and negligent manner and dashed against the tractor bearing registration No.CAW-2802, and due to this accident, deceased sustained multiple and grievous injuries all over his body and succumbed to the injuries on the spot. This led to registration of F.I.R. and investigation. Hence, the dependents of the deceased filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation before the Tribunal.
6. Ms. Swathi G. Hedge, learned counsel representing Sri. Pavana Chandra Shetty, for the appellants/claimants, vehemently contended that at the time of the accident, deceased was aged 24 years and he was working as an employee of a Private Company and earning a monthly income of Rs.25,000/-, but the Tribunal has considered the income of the deceased at Rs.7,500/- per month, which is meager. Secondly, she contended that the Tribunal granted meager compensation on the conventional heads also and hence, she prayed to allow the appeal filed by the claimants.
7. Sri O. Mahesh, learned counsel appearing for respondent No.2-Insurance Company vehemently contended that the Tribunal ought to have seen that there was no compliance of mandatory provisions of Section 134 (c) of The Motor Vehicles Act, 1988 either by insured or of Section 158 (6) of M.V. Act both by the insured and concerned Investigating Officer and the Insurer was kept in darkness in respect of the alleged accident. He further submits that the judgment and award of the Tribunal is contrary to the law and material on record. He submits that the alleged driver of the tractor and the driver of the lorry were not made as parties before the Tribunal, who were proper and necessary parties to decide the issue on negligence. He further submits that when three vehicles were stated to have been involved in the accident, any finding against them would be opposed to the principles of natural justice. Thus the reasoning as well as finding of the Tribunal in paragraphs 24 to 26 to hold that the driver of the Scorpio alone was negligent is highly erroneous and improper considering the facts and circumstances of the claim and the material evidence placed on record. The Tribunal ought to have considered the materials rather than pleadings of the respective parties and should not have been carried away by the said pleadings alone on record. Further, the Tribunal, even otherwise, ought to have seen that the jurisdictional police after completion of the investigation, had laid charge-sheet against both the drivers of the Scorpio and lorry, which fact was not
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